Living with an assistance animal in a body corporate can raise questions about by-laws, approval and access to common property. The key distinction is whether the animal is a certified guide, hearing or assistance dog, rather than an ordinary pet.
This article explains the Queensland rules, how certification can be shown and what to do if access is refused.
What are the rules for assistance animals in a body corporate?
Body corporate by-laws may regulate whether ordinary animals can be kept in a scheme. The wording of each scheme’s by-laws determines the rights and responsibilities that apply, so you should check the registered by-laws before bringing an ordinary pet into a lot or onto common property.
Assistance animals are treated differently from ordinary pets. If you have a disability and rely on a certified guide, hearing or assistance dog, Queensland law protects your right to be accompanied by the dog in a place of accommodation. A place of accommodation includes a house or flat, which can include a lot in a body corporate property.
A body corporate should therefore not treat a lawful assistance dog as an ordinary pet that requires approval under an animal by-law. The Queensland Government also states that if you have a disability under the Guide, Hearing and Assistance Dogs Act 2009 and rely on your dog, you do not need to ask permission before bringing it into a body corporate property.
The same access framework can apply to an approved trainer, employee trainer or puppy carer accompanied by a relevant dog, including a trainee support dog.
Does an assistance dog need body corporate approval?
Generally, a certified assistance dog does not need the ordinary body corporate approval that may apply to pets. The committee does not decide whether the dog can access the property.
The dog must still be properly managed. The handler must comply with the identification procedure when accessing accommodation, including having the identity card available for inspection if requested and ensuring the dog wears the required identifying coat or harness.
A tenant should still check the tenancy arrangements and body corporate by-laws, because tenants must comply with applicable by-laws. An assistance dog should not go through the ordinary pet approval process simply because the resident is renting.
The position is different for an ordinary pet. Depending on the by-laws, a tenant may need approval from both the landlord and the body corporate before moving an animal into the property.
For more information about ordinary pets, see our guide to pets in a body corporate property.
What is the difference between an assistance dog, therapy dog and emotional support animal?
The terms used to describe support animals are not interchangeable.
A guide dog is trained to assist a person with disability attributable to a vision impairment. A hearing dog assists a person with disability attributable to a hearing impairment. An assistance dog performs identifiable physical tasks or behaviours that assist a person with disability and reduce their need for support.
Examples of tasks may include:
- alerting a person to particular sounds
- alerting a person to a medical episode or disability-related risk
- pulling a wheelchair or retrieving items
- helping a person with balance or mobility.
These examples show the practical role an assistance dog may have. They do not provide a complete test of whether a dog has the legal status of a certified assistance dog.
Therapy dogs and emotional support animals should not automatically be assumed to have the same access rights as a certified guide, hearing or assistance dog. The Queensland certification framework focuses on dogs that are trained, assessed and certified for specific assistance-related tasks and public access.
If you are unsure which category applies, avoid describing an animal as an assistance dog unless you have the relevant certification or other reliable information about its status. This can help prevent confusion between a lawful assistance animal and an ordinary pet.
Can body corporate by-laws restrict assistance animals?
A body corporate by-law cannot be used to exclude or restrict the access rights protected by the Guide, Hearing and Assistance Dogs Act 2009. The Act protects the right of a person with disability who relies on a certified dog to be accompanied in a place of accommodation, public place or public passenger vehicle.
The Queensland Government states that refusing entry or access to a person accompanied by a certified guide, hearing or assistance dog is unlawful in places of accommodation and other covered locations. It is also unlawful to separate the person from the certified dog or charge extra accommodation fees because the dog is present.
The Act still allows reasonable action for a reason unrelated to the dog’s status. For example, a person exercising control of a place can refuse entry for another lawful reason, such as the place being closed.
There are also limited exemptions for certain parts of health service facilities, ambulances and areas where food is ordinarily prepared. These exemptions do not give a body corporate a general power to ban an assistance dog from a lot or the scheme.
A body corporate can still respond to genuine issues such as nuisance or unreasonable interference with another person’s use and enjoyment of a lot or common property. Those concerns should be considered carefully and should not be used as a substitute for an ordinary pet refusal.
You can read more about how body corporate rules work in our article by-laws explained.
How can a handler show that a dog is an approved assistance animal?
A certified dog can generally be identified by two things:
- the handler’s identity card
- the blue and white guide, hearing and assistance dogs badge on the dog’s coat or harness.
The Queensland Government says a handler can prove certification by showing the identity card or drawing attention to the badge.
The Queensland certification process involves an approved trainer or approved training institution. The handler and dog complete a Public Access Test, which assesses whether the dog is safe and effective in public places and whether the handler can physically control the dog.
A certified assistance dog must perform identifiable tasks or behaviours that reduce the person’s need for support. It must also meet requirements including passing the Public Access Test, being desexed and vaccinated, and not having been declared a dangerous dog under a local law.
Once certification is complete, the handler must ensure the dog wears the required badge and carry the handler identity card when seeking access.
Training a dog yourself does not by itself establish that the dog is certified or suitable for public access. If certification is sought, the dog and handler still need to work with an approved trainer or training institution and meet the applicable assessment and certification requirements.
What should you do if access is refused?
If access to your lot or body corporate property is questioned, start by providing a calm written explanation and offering to show the handler identity card and the dog’s badge. Keep copies of any correspondence and record what happened, including who refused access and the reason given.
If the issue involves a body corporate by-law, ask the body corporate manager or committee secretary to confirm the position in writing. A committee should not apply an ordinary pet approval process to a certified assistance dog.
If you are a tenant, you can ask your landlord or letting agent for the body corporate manager’s or committee secretary’s contact details. Requests to the body corporate should be made in writing.
If you have shown the identity card and badge but access is still denied, you can contact the Queensland Government’s Guide Hearing and Assistance Dogs Team at ghad@qld.gov.au to ask about making a complaint.
You may also need to use the body corporate dispute resolution process. For a community titles scheme, you generally need to try to resolve the issue yourself before considering a conciliation application.
Assistance animals have protected access rights, so a body corporate should check the legal position before refusing access or asking a handler to follow the ordinary pet approval process. If you need help understanding how this may apply to your scheme, contact StrataCare at reception@stratacare.com.au.
